Title XVII — AGRICULTURE AND ANIMALS

278.060. Title of law. — Sections 278.060 to 278.155 may be known and cited as "The Soil and Water Conservation Districts Law". ­­-------- (L. 1943 p. 839 § 1, A.L. 1961 p. 31)

278.070. Definitions. — As used in sections 278.060 to 278.300, the following words and terms mean: (1) "Board of soil and water district supervisors" or "soil and water supervisors", the local governing body of a soil and water district, elected or appointed in accordance with t…

278.080. Establishing commission — members — powers and duties — rulemaking — variances to rules permitted, procedure. — 1. There is hereby established "The State Soil and Water Districts Commission" to administer for this state the soil and water conservation districts provided …

278.090. Referendum — how conducted. — Wherever in this law a referendum is provided for and is used, it shall be conducted by secret ballot in such a manner that any person connected with, or any official of such referendum or election cannot know how any land representative vot…

278.100. Establishment of soil and water conservation districts. — 1. Whenever the state soil and water districts commission shall receive from any county or any township or townships thereof a petition declaring that the saving of the soil and water in that county or in the spec…

278.110. Establishment of board of soil and water district supervisors — members, terms, duties, bonds. — 1. The state soil and water districts commission upon declaring the establishment of a soil and water district as provided in section 278.100 shall proceed to arrange in the …

278.120. District shall be body corporate — duties. — 1. Any soil and water district organized under the provisions of this law shall be a body corporate and shall possess only such powers as herein provided, but any such powers possessed by said body corporate shall be particula…

278.130. Soil and water supervisors — limitation of powers. — 1. The soil and water supervisors of any soil and water district shall not (1) Have or exercise the right of eminent domain; (2) Incur indebtedness beyond available funds; (3) Issue bonds; (4) Levy taxes; (5) Make or l…

278.135. Districts engaging in soil conservation products business, approval of state soil and water commission required — complaint procedures — rulemaking authority. — 1. Any soil and water conservation district engaged in the marketing or buying and selling of farm products us…

278.140. Two or more districts may cooperate. — Any two or more soil and water conservation districts organized under the provisions of this law may cooperate with one another in the exercise of any authority conferred upon such districts or of any duty described for such distric…

278.145. Counties and cities may cooperate and contribute. — The county commission of any county or the governing body of any city, town or village in which a soil and water conservation district lies in whole or in part may cooperate with the supervisors of the district in carry…

278.150. Disestablishment of soil and water districts — referendum — procedure. — 1. The state soil and water districts commission upon receiving at any time a petition for the disestablishment of any soil and water district, said petition being signed by not less than twenty-fiv…

278.155. Application to existing districts. — All soil conservation districts organized prior to the effective date of sections 278.060 to 278.155 shall hereafter be known as "Soil and Water Conservation Districts" and shall be subject to the provisions of, and afforded all the p…

278.157. Soil and water conservation district considered a political subdivision for purposes of local government employees' retirement system. — 1. Notwithstanding the provisions of section 70.600 to the contrary, a soil and water conservation district organized under sections 2…

278.160. Subdistricts authorized. — Subdistricts of a soil and water conservation district may be formed as provided in sections 278.160 to 278.300 for the purpose of carrying out watershed protection and flood prevention programs, for the prevention of floodwater and sediment da…

278.170. Subdistrict, petition to form, requirements. — When the landowners in a proposed subdistrict desire that a subdistrict be organized, they shall file a petition with the board of soil and water conservation district supervisors requesting a hearing and a referendum thereo…

278.180. Hearing — notice. — Within thirty days after the petition has been filed with the board of soil and water district supervisors, they shall fix a date, hour and place for a hearing thereon and direct the secretary to cause notice to be given to the owners of each tract of…

278.190. Publication of notice. — The notice of hearing on the formation of a subdistrict shall be by publication once each week for two consecutive weeks in some newspaper of general circulation published in the county, the last publication of which shall be not less than ten da…

278.200. Feasibility determination — election. — 1. The soil and water supervisors shall consider and determine whether the operation of the subdistrict within the defined boundaries as proposed is desirable, practicable, feasible, and of necessity in the interest of public healt…

278.210. Regulations, how approved. — The state soil and water districts commission shall develop the procedure including rules, regulations, forms and other documents to be used in the establishment of a subdistrict, and a board of supervisors shall submit to the state soil and …

278.220. Watershed district located in more than one district, procedure — certificate recorded, where. — 1. If the proposed watershed district lies in more than one soil and water conservation district, the petition may be presented to the board of soil and water district superv…

278.240. District board of supervisors to govern watershed district, combined boards to govern, when — trustees of watershed district, how elected, terms — powers of directors — mileage reimbursement authorized. — 1. The board of soil and water conservation district supervisors o…

278.245. Condemnation authorized, when — other powers of governing body or trustees — taxation authorized. — The trustees of the watershed district shall have the following authority: (1) To acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, or thr…

278.250. Organization tax — annual tax for watershed district — limitation — levy — collection — lien enforcement — rate of tax — property tax (section 137.073) rate if no levy imposed for year. — 1. In order to facilitate the preliminary work of the watershed district, the trust…

278.257. Consolidation of two or more subdistricts, procedure. — 1. Petitions for consolidating two or more watershed subdistricts may be filed with the supervisors of the soil and water conservation district. In such cases the provisions of sections 278.170 to 278.190 in respect…

278.258. Detachment from watershed subdistrict, procedure — certification by trustees. — 1. After a watershed subdistrict has been organized and the organization tax pursuant to section 278.250 has been levied, any county in the subdistrict which has not adopted the annual tax pu…

278.259. Expansion of subdistrict, procedure. — 1. Petitions for including additional land within a duly created and existing watershed subdistrict may be filed with the supervisors of the soil and water conservation district and in such cases the provisions of sections 278.170 t…

278.260. Cooperation with federal programs authorized. — Nothing in sections 278.160 to 278.300 shall prevent water conservation districts, flood prevention districts, drainage districts, counties or townships or other similar units of government with taxmaking powers from cooper…

278.280. Projects, how financed — special assessment appraisers, duties, compensation — assessment resolution, hearings — election — bonds — special levy. — 1. When a plan of work is approved the * trustees of the watershed district, pursuant to section 278.240, shall then by res…

278.290. Disestablishment of watershed district, procedure. — 1. After a watershed district has been organized for more than five years and that watershed district does not have any outstanding bonds, has not constructed or contracted to construct any works of improvement, nor in…

278.300. State soil and water districts commission to control watershed district formerly under a disestablished soil and water conservation district. — If a soil and water conservation district is disestablished pursuant to section 278.150, the state soil and water districts com…